How is a personal business selected for EB-5 investment?

If I do not want to invest through regional centers, can I invest $500,000 into my own, personal business and qualify for the EB-5 green card process? I do not have any business yet. If yes, can I start ANY kind of business? And where would the business have to be located? Where can I get assistance in choosing what kind of personal business to invest in for EB-5?

Answers

Yes; a direct EB-5 investment is the alternative to a regional center EB-5 investment. Any legal business (for profit, active) that can create 10 full-time jobs within two years could potentially qualify. For a $500,000 investment, the new commercial enterprise must be principally doing business in a Targeted Employment Area (TEA). You might contact a business broker or financial adviser to assist you in choosing the right investment for you, and at the same time, you should consult with an experienced EB-5 immigration attorney to make sure the investment will qualify for EB-5.

You could create any type of lawful commercial enterprise. It must meet EB-5 program requirements and create at least 10 full-time jobs of at least 35 hours a week. Unless you invest in a Targeted Employment Area or rural area (or through an accredited regional center), the minimum investment amount is currently $1 million.

There is no limitation on the kind of business enterprise that you could invest in. However, the business must create 10+ permanent, full-time jobs and in order for you to qualify to invest only $500,000 rather than the full $1 million, the business must be located in a Targeted Employment Area. TEA is defined as a rural area of less than 20,000 population or high unemployment area of 150 percent higher than national unemployment average.

Normally it would be $1 million if not in a regional center unless the business is located in a Targeted Employment Area. The business should be something you want to work in and therefore increase your chances of being successful at it and creating 10 new permanent jobs.

John J Downey

Immigration Attorney

Answered onJuly 16, 2015

You may open any lawful for-profit business anywhere in the United States. If you wish to avail yourself of the $500,000 investment you must locate the job creating business in a Targeted Employment Area (TEA). I would decide where you want to set up and then check the American Immigration Lawyers Association (AILA) for a list of EB-5 practitioners in that area.

Nearly any lawful for-profit enterprise can work as an EB-5 project provided you are able to create 10 jobs during the conditional permanent residency period. If you want the lower investment amount, you need to find a Targeted Employment Area. Immigration attorneys can assist with the EB-5 compliance of whichever business you choose.

Yes, you can invest in your own business. That would be a standard EB-5 investment. To qualify (be selected), a business must be a commercial, "new enterprise" that will generate 10 full-time positions, excluding you and immediate family as employees, within two years. There are several definitions of what constitutes a "new enterprise." You should probably contact an EB-5 attorney if you are investing in a business that has existed for a number of years to confirm that the business can qualify as a "new enterprise." To qualify with an investment of $500,000 your business must be located in a designated Targeted Employment Area (TEA) or a rural area. Both areas have specific requirements and you will need to research them or seek guidance from a knowledgeable person. Online there are many business consultants who might help you choose a business.

You certainly can obtain your EB-5 visa by creating a new business. Whether your investment needs to be $500,000 or $1 million depends on its location. Almost any type of business can be used for EB-5, provided the USCIS requirements are met. Also, you may choose any location for the business, but only those EB-5 projects located in TEAs qualify for the reduced investment of $500,000.

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